The Marion Township man who shot to death a father of two during a road-rage incident in September was described Friday as "the worst kind of danger" for a community.

Judge Miriam Cavanaugh told Martin Edward Zale that he has shown no remorse or emotion of any kind for the Sept. 2 fatal shooting of Derek Flemming, who confronted Zale, 69, on Grand River Avenue at the Chilson Road intersection in Genoa Township following a road-rage incident.

"What I also find very tragic about this situation, Mr. Zale, is your disregard for human life," the judge said. "You went about your day almost looking for conflict, not trying to avoid it, but provoking it and after sitting here and listening to the testimony, I left this bench with the firm conviction that you were a shooting waiting to happen.

"If it hadn't been Mr. Flemming, it would have been someone else," Cavanaugh said as Zale subtly shook his head no. "You don't have to agree with me. I don't expect you to and I do find based on the evidence ... this killing is in no way justified. ... There is no legal or moral justification for your actions. I do find that you pose the worst kind of danger to our community. Not the kind of danger or fear that people have of something happening in the middle of the night or the darkness, but one no one sees coming."

Cavanaugh sentenced Zale to 25-50 years for second-degree murder and 32 months to four years in prison for discharing a firearm from a vehicle. The judge also sentenced Zale to serve a two-year sentence for related felony firearms convictions, which runs consecutive to the murder charge for a minimum total of 27 years.

Cavanaugh also ordered that he pay $4,160 in restitution for funeral services for the victim.

Zale declined to comment prior to sentencing on the advice of his attorney, Marcus Wilcox, who asked the judge for leniency. The Howell defense attorney declined to comment about the sentence after court, but he confirmed that Zale's appeal "is already started."

Prosecutor William Vailliencourt called the sentence "appropriate."

"Nothing can undo the horrible pain the defendant inflicted on the Flemming family by taking away a husband, son, and father," he said. "For a man of the defendant's age, this is essentially a life sentence, as it should be."

Zale testified at his trial in May that he intended to kill Flemming, who stood at the driver's-side window of Zale's Dodge Ram pickup while it was stopped at the red light, but he said it was in self-defense because Flemming hit him in the face, threatened to harm him and reached into his cab as if to carry out the threat. No witnesses reported seeing Flemming throw a punch at Zale.

Assistant Prosecutor Daniel Rose said the case is not one of self-defense, or "stand your ground," because that law "still reflects the value of human life" and Zale did not. Deadly force, he said, may be used only to protect against the threat of imminent death or great bodily harm and that did not exist in this case.

"The defendant rolled down his window and shot an unarmed man in the face from the safety of a 4,000 pound truck," he said. "A very thorough jury spent three days examining his claim of self defense and concluded it was just not true. ... Your sentence serves as a reminder of the responsibility that goes with the right every citizen has to bear arms. That responsibility is to know the law and how it applies. ...

"No just punishment in this case means no justice in this case," Rose added. "... All of us look to this court for justice for the senseless and horrifying loss of a son, a brother, a husband and a dad to that family and a member of this community. When he took his gun and pointed it at Derek Flemming and pulled the trigger, Martin Zale unleashed a timeless hardship on this family."

Flemming's family also addressed the court, expressing a deep grief for their loss. His father, Marvin Flemming, called it the "worst day of his life," and emotions filled his voice as he described how he picked up his grandchildren from their first day of school and then the children learning about their father's murder.

His mother, Elaine Flemming, described her only son as a husband who adored his wife and children. She said he was a patient man and he was robbed of the opportunity to walk his daughter down the aisle.

"I called you a monster the day after it happened and my opinion has not changed," she told Zale. "A new word comes to mind: Evil. You have no compassion for others or remorse for what you did. You took from me my only son. ... You better hope God can forgive you, because I can't."

Derek Flemming's widow, Amy Flemming, said she was a "broken woman with broken children" as the result of their loss. She said the family's pain has been amplified by the negative comments strangers wrote on websites of news stories.

Amy Flemming said her only concern that day was for her husband, whose "beating heart was still pumping his blood out onto Grand River Avenue" and that she saw "no remorse, no fear, no anger" as she looked into the face of the man who had killed her husband.

"I saw my husband's life end right there on the street," she said. "I saw him very much alive and then dead in an instant. Despite all the people who surrounded us, I felt utterly all alone. My other half is gone. How is that possible?"

Martin Edward Zale was charged with open murder for fatally shooting Derek Flemming on Sept. 2 when Flemming approached Zale's pickup at the stoplight on Grand River Avenue at the Chilson Road intersection. He also is charged with discharging a weapon from a vehicle and two counts of felony firearms. **Note: This has been updated to include the verdict.

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Martin Edward ZaleMichigan Department of Corrections

The Sentence

27-50 years in prison

Martin Edward Zale was sentenced June 2 to 25-50 years in prison for second-degree murder and a consecutive two-year sentence for a related firearms conviction for the fatal shooting of Derek Flemming on Sept. 2, 2014.

Following the advice of his attorney, Zale declined to comment prior to sentencing.

Judge Miriam Cavanaugh also sentenced Zale to 32 months to four years in prison for discharging a firearm from a vehicle and two-years for a related felony firearms conviction.

The judge also ordered Zale to pay $4,160 in restitution for funeral services for the victim.

Marvin Flemming, right, gently places his hand on the back of his wife, Elaine Flemming, as she tearfully told the court about the loss of her son.(Lisa Roose-Church/Livingston Daily)

Victim's parents

Marvin and Elaine Flemming

Marvin Flemming called Sept. 2, 2014, the "worst day of his life."

Elaine Flemming described her only son as a husband who adored his wife and children. She said he was a patient man and he was robbed of the opportunity to walk his daughter down the aisle.

"I called you a monster the day after it happened and my opinion has not changed," she told Zale. "A new word comes to mind: Evil. You have no compassion for others or remorse for what you did. You took from me my only son."

Judge Miriam Cavanaugh(Alan Ward/Livingston Daily)

The judge

Judge Miriam Cavanaugh

"What I also find very tragic about this situation, Mr. Zale, is your disregard for human life. You went about your day almost looking for conflict, not trying to avoid it, but provoking it and after sitting here and listening to the testimony, I left this bench with the firm conviction that you were a shooting waiting to happen," the judge said.

"If it hadn't been Mr. Flemming, it would have been someone else," the judge added as Zale subtly shook his head no. "You don't have to agree with me. I don't expect you to, and I do find based on the evidence ... this killing is in no way justified. ... There is no legal or moral justification for your actions.

"I do find that you pose the worst kind of danger to our community. Not the kind of danger or fear that people have of something happening in the middle of the night or the darkness, but one no one sees coming," the judge added.

Martin Edward Zale hung his head as the jury forewoman announced a guilty verdict in his murder trial.(Lisa Roose-Church)

Verdict

Guilty of 2nd degree murder

A Livingston County jury - comprised of four men, eight women - convicted Martin Edward Zale of second-degree murder on Thursday, May 14, following more than 14 hours of deliberations.

As the verdict was read aloud by the forewoman, Zale hung his head. His attorney later said that he was "shocked" by the verdict.

The jury also convicted Zale of discharging a weapon from a vehicle and two counts of possession of a firearm in the commission of a felony. He faces any term of years, up to life, in prison when he is sentenced June 5.

Amy Flemming, middle, leaves a Livingston County Circuit courtroom Thursday following the verdict against the shooter.(Lisa Roose-Church/Livingston Daily)

The widow

Amy Flemming

Amy Flemming, the widow of shooting victim Derek Flemming, was emotional as the verdict was read and could be seen wiping tears while leaning on friends and family for support.

She and other family members declined to comment following the verdict.

William VailliencourtLivingston County Prosecutor's office

Prosecutor

William Vailliencourt

Prosecutor William Vailliencourt said he is "pleased with the verdict."

He said the case was not about gun rights or self-defense, but about an "unjustified shooting of an unarmed man."

"Although nothing can bring Mr. Flemming back to his wife and children, we're grateful the jury held Mr. Zale responsible for his criminal actions. ... Our thoughts and condolences to the Flemming family. This is a tragic situation for them."

Vailliencourt also said "thank you" to the Livingston County Sheriff's Department for their thorough investigation.

Assistant Prosecutor Daniel Rose tried the case.

Martin Zale's family reacts to the guilty verdict in court on Thursday.(Lisa Roose-Church/Livingston Daily)

Defendant's family

Zale family

Martin Edward Zale's family and supporters, who appeared each day of the trial and the verdict, declined to speak with reporters.

However, his attorney, Melissa Pearce, said on their behalf that they do not understand the jury's verdict and they plan to encourage Zale to appeal.

"Understandably, the family doesn't understand the jury's verdict, but they do understand the jury did its job," Pearce said. "They deliberated and right now they're understandably upset and their biggest question is why this verdict. ...

"This is not who he is. This event does not define Mr. Zale," she added.

Pearce said her client maintains he felt "in fear of great bodily harm or death" during the incident Sept. 2.

The body of Derek Flemming lays on Grand River Avenue at Chilson Road following the September 2014 shooting that police allege resulted from a road-rage incident. (Photo by Alan Ward/Livingston Daily)

The shooting

The shooting

Testimony at a November 2014 probable cause hearing revealed that the defendant, Martin Edward Zale, allegedly drove aggressively toward the victim's vehicle as he traveled on Grand River Avenue. When both vehicles stopped at the Chilson Road intersection, Derek Flemming got out of his vehicle and approached the defendant's pickup.

Police allege Zale shot Flemming dead with one gunshot.

Derek Flemming. (Photo from Derek Flemming Memorial Page on Facebook)

The victim

Derek Flemming

Derek Flemming, 43, was born in Detroit to Marvin Howard Flemming and Elayne Marie Burlock Flemming. He and his wife, Amy, had been married for nearly 17 years and they have two children: Julian and Lillian.

Amy Flemming has said she believes her husband "was only trying to protect me that day when he got out of the car to ask Mr. Zale what his problem was and to not put other drivers in danger."

The defense plans to present witnesses at the trial that they say will show Derek Flemming was known "as an aggressor in the community." Their theory is that Derek Flemming was "the initial aggressor" that fatal day, not Martin Zale.

Martin Zale waves to friends and family as he leaves the Livingston County Circuit Court on Tuesday.(Lisa Roose-Church/Livingston Daily)

The defendant

Martin Zale

The 69-year-old Marion Township man's family said in a prepared statement in November 2014 that: "Marty is a faithful, devoted and loving husband to his wife of 25 years. Together they have two sons with whom they have loving and respectful relationships. The family and friends of Marty stand behind his good character and integrity. He is respected for his conservative moral family values by not just his friends and family, but his employers, neighbors, community members and athletes he has coached throughout the years."

Zale has a history of road rage. According to a Livonia Police Department report, Zale told officers there that he thought another motorist "was about to swing at me" during an argument Nov. 7, 2008, at the McDonald's on Farmington Road in Livonia. The argument followed a road-rage incident between Zale and another motorist.

In a statement to Livonia police, Zale wrote: "I thought he was about to swing at me. I swung and slapped him on the side of his face. I regret this ever happening and am glad that he was not hurt. I believe that I learned a valuable lesson and will try not to let things like this bother me."

In her opening statement to the jury on May 5, 2015, Pearce said Martin Zale was running errands when he saw a silver sport utility vehicle on Grand River Avenue. She said he pulled into traffic behind the vehicle and the driver, later identified as Derek Flemming, began tapping his brakes and when Zale tried to pass the vehicle to "just get away" from it, there was a near collision.

She said Zale went through a yellow light in an effort to put further distance between himself and Flemming's vehicle, but Flemming ran a red light and both vehicles stopped at the Chilson Road intersection. Flemming got out of his vehicle and approached Zale, hitting his pickup three times and ignoring her client's shout to get away. She said Flemming was reaching into Zale's vehicle trying to open the door and her client did what his CPL training taught when one feels threatened: He grabbed his gun and fired "on instinct."

"What happened at Chilson Road was clearly self-defense. Mr. Zale felt threatened for his life and threatened for great bodily harm that was going to happen right then. He had no other way to get out of it than to revert to his training when he took a CPL class and shoot in self-defense," Pearce said.

Assistant Prosecutor Daniel Rose told the jury that Martin Zale did not act in self-defense, but rather his actions were clearly premeditated murder.(Photo by Lisa Roose-Church/Livingston Daily)

Assistant Prosecutor

Daniel Rose

Assistant Prosecutor Daniel Rose told the jury May 5 that the "very first words out of Martin Zale's lips were: 'He punched me so I shot him.'" The comment came in response to a witness' inquiry about what happened.

Rose asked the jury to consider the following when listening to testimony: Did any witnesses see anything in the victim's hands? What does the short time period - 5 seconds from the time the victim approached Zale's pickup to the fatal shot - tell them about Zale's actions? Was the pickup window up, down or was the shot fired through the glass? Did any witness see the victim punch Zale as he claimed?

"The act (Zale) committed was nothing short of murder," Rose told the jury.

Amy Flemming tearfully testified about seeing her husband fall like a "marionette puppet whose strings had been cut" after he had been shot once. (Photo by Lisa Roose-Church)

The widow

Amy Flemming

Amy Flemming, who was a passenger in the vehicle and witnessed her husband's death, testified Wednesday that Zale cut them off in traffic and was driving aggressively as they traveled on Grand River Avenue.

She said when the two vehicles stopped, her husband got out and approached Zale's pickup. She said she heard a "pop" and saw her husband's head tilt slightly back.

"He just crumpled to the ground," she testified. "... I panicked. I had difficulty getting my seat belt off. ... I ran towards him."

Amy said she felt her husband's heart beat, but she knew he was dead. She said she and Zale made eye contact, but exchanged no words.

Sara Burnie, former Livonia McDonald's manager, testified in May that she saw a motorist - whom police allege is Martin Zale - push a man and then punch him in the head in November 2008. She said she remembers it well because it was unusual.

"It was enough to knock him against the back of the car," she testified at Zale's trial.

The victim, Steve Martin, testified that Zale's vehicle turned left from Farmington Road behind his vehicle and followed him to the McDonald's parking lot where Zale got out of his vehicle asking, "Bro, what's your problem" or "What's your problem, bro?"

Martin said he replied that Zale needed to be more careful when driving and that's when Zale "hauled off out of nowhere and punched me in the face" with a closed fist. "I was quite stunned. ... I deplore violence. I was taken aback."

Martin said he did not know Zale at the time, but he recognized him as the man who assaulted him when he saw Zale's photograph in a newspaper story about the road-rage incident.

Paul Gaspar Jr. was one of three co-workers of Martin Zale who described him as a man who drove recklessly on Grand River Avenue.(Photo by Lisa Roose-Church/Livingston Daily)

The co-workers

Allege Zale drove recklessly

Bonnie Koppitch, Paul Gaspar Jr. and Justin Harris, all former co-workers of Zale's, testified at the May trial that Zale drove recklessly when he passed them in separate driving incidences. None could remember exactly when the incidences occurred.

Koppitch said Zale was so close to her vehicle's rear bumper that she feared he'd strike her car. She said once he passed her, he then "served in and out of traffic" and when she told him that he is a "crazy driver," he responded: "But I get where I'm going."

Gaspar testified that Zale did a similar stunt when he was traveling on Grand River Avenue. "It was reckless, kind of reckless zig zagging through traffic," he said, describing what he says was Zale's driving habit.

Harris said Zale "flew past me" on Grand River Avenue on at least two separate occasions. He said he did not mention the incidences to Zale because he preferred to avoid the man he called unprofessional.

The jury saw surveillance video from a gas station that shows Martin Zale's blue Dodge Ram pickup pass and cut in front of Derek Flemming's silver Ford Escape on Grand River Avenue.

This photograph is a moment captured by that Sept. 2 video that shows Zale's blue Dodge Ram pickup speeding ahead of Flemming's Escape.

The video appeared to support the testimony of Flemming's widow, Amy Flemming, who said Zale cut them off in traffic, accelerated and then slammed on his brakes at least twice.

The defense argues that Zale passed the Flemming vehicle in an effort to "get away" because Derek Flemming, who was driving, had tapped his brakes while traveling in front of Zale.

This photograph is a moment captured by video on a LESA bus on Sept. 2 that shows the legs of Derek Flemming as he walks on Grand River Ave at the Chilson Road intersection to a Dodge Ram pickup to confront the driver who cut him off in traffic.(Photo by Lisa Roose-Church/Livingston Daily)

LESA bus video

Derek Flemming walks toward Zale vehicle

The jury saw surveillance video from a LESA bus that shows the legs of Derek Flemming as he walks from his Ford Escape to Martin Zale's Dodge Ram pickup as the two vehicles were stopped at the light on Grand River at the Chilson Road intersection.

Within seconds, another video angle shows the bus driver reach for her radio and shout: "Emergency! Emergency! Emergency! 911! 911! 911! A man just got shot."

Livingston County Sheriff's Deputy Brad Neff explains to the jury how he created a large Google Earth map of the shooting scene.(Photo by Lisa Roose-Church/Livingston Daily)

The scene

Grand River, Chilson intersection

Livingston County Sheriff's Deputy Brad Neff uses a large map he created with Google Earth and assistance from the Livingston County Drain Commission of the intersection of Grand River Avenue and Chilson Road in Genoa Township.
The intersection was the scene of the shooting that left a father of two dead and a 69-year-old man on trial for murder. The defense argues it was self-defense.

Dr. Joseph DelTondo(Lisa Roose-Church/Livingston Daily)

The autopsy

Dr. Joseph DelTondo

Dr. Joseph DelTondo, a former forensic pathologist with Sparrow Hospital, testified that Derek Flemming died of a gunshot wound. He also noted that Flemming did not have alcohol or drugs in his system and that he saw no abrasions or bruises on the dead man's hands.

"I can say for certain I did not see any injuries to his hand," the doctor said.

On cross examination, DelTondo acknowledged that it is possible to hit someone and not leave bruises or abrasions.

Livingston County Sheriff's Detective Marc King shows the jury that Martin Zale's 9mm Ruger handgun is safe for display in court.(Lisa Roose-Church/Livingston Daily)

The weapon, pickup

9mm Ruger

Livingston County Sheriff's Detective Marc King testified that when he arrived on scene "it was chaos. There were cars everywhere. There were people everywhere."

He found Martin Zale's 9mm Ruger handgun in the middle compartment of the defendant's Dodge Ram pickup and the jury was given a chance to personally examine both the gun and the pickup.

He also testified that investigators found a fragment of a tooth in the pickup. He said it was not analyzed, however, as investigators assumed it came from Flemming, who was missing a tooth.

King showed the videos from the gas station and a LESA school bus. He said both were important because the gas station video showed Zale's vehicle as it sped past the Flemming vehicle while the bus video showed Flemming's legs as he walked to the pickup and seconds later the driver calling for help.

Sue King, a LESA bus driver, points to a spot on an oversized map of the Grand River Avenue and Chilson Road intersection where she saw the victim fall dead.(Lisa Roose-Church/Livingston Daily)

The bus driver

Sue King

LESA bus driver Sue King testified Thursday that she was turning west on Grand River Avenue from Chilson Road when she saw Derek Flemming walking toward a blue Dodge Ram pickup stopped at the light. She said she was concerned because she did not know what Flemming had planned.

"He looked like he was irate," she said about Flemming, demonstrating that he held his arms up and his hands clinched in fists as he approached the truck. "At the time I was thinking this is not going to be good."

King said the pickup window was up at the time and she did not see the shooting, but she heard a "pop," knew someone had been shot and immediately reached for her two-way radio to call for help.

"When I saw him get shot ... he fell just like a tree," she testified.

Christina Alicandro(Lisa Roose-Church/Livingston Daily)

Eyewitness

Christina Alicandro

She was turning west onto Grand River Avenue from Chilson Road
when she noticed a man walking toward a pickup that was stopped at the red
light.

She initially thought there had been a "fender bender," but as
she made her turn she saw no damage on the vehicle and looked back at the man
who walking down the road.

"I heard a boom, saw a flash and the man went back," she
said, referencing Derek Flemming.

"That he was shot and killed," Alicandro replied.

Barbara Myles(Lisa Roose-Church/Livingston Daily)

Eyewitness

Barbara Myles

She testified that she went to help the man lying in the road and
she learned he had been shot she became concerned.

"In my mind, everyone ... was in danger," Myles said,
sharing her thought immediately following the shooting. When asked if she
remembered the shooter's face, she started to cry.

"I have not forgotten the look," she answered tearfully.
"The image in my mind that I cannot erase is pure evil. (Martin Zale) just
stood there. ... It was evil."

Randall Fry(Lisa Roose-Church/Livingston Daily)

Eyewitness

Randall Fry

He was sitting in his friend's vehicle parked at the Whistle Stop
when he saw Derek Flemming get out of his vehicle and walk toward the pickup
stopped at the light. He said Flemming stood about 2 feet to 3 feet away from the
driver's side window when he threw his hands up.

"I heard a gunshot and he went down," Fry said.

Following the shooting, Fry said he saw the shooter's face and it
was "calm, looked like it was no big deal."

Deputy Tom Stocker(Lisa Roose-Church/Livingston Daily)

Investigation

Deputy Tom Stocker

Deputy Tom Stocker, the third officer on scene, described Martin Zale as "calm" and that he had indicated that the wanted to call his attorney.

Stocker said he saw no injuries on Zale.

"He looked like a regular guy," the deputy said. "He seemed very calm. To me, he seemed he was in control of the situation."

William Stapleton(Lisa Roose-Church/Livingston Daily)

Defense witness

William Stapleton

William Stapleton, a neighbor to the Flemming family, testified that he distanced himself from Derek Flemming because he felt the man was "always confrontational."

Stapleton began to testify that he cut "all ties" with Derek Flemming in September 2013 after "an issue" with a family member, but his response was cut off when the prosecution objected.

Martin Zale, on trial for open murder, stands in the witness stand and demonstrates how the victim, Derek Flemming, reached into the cab of his truck.(Lisa Roose-Church/Livingston Daily)

The defendant testifies

Martin Zale

He described Derek Flemming's driving as "erratic" and said it was Derek Flemming who sped up and braked as he traveled in front of Zale on Grand River Avenue. He said when he was able, he sped up and passed Flemming's vehicle in an attempt to "get away," but Flemming "was chasing me."

Zale said Flemming was "hitting" or "pounding" his truck, so he put the window down and asked what he was doing. He said Derek Flemming got to the driver's side window, hit him in the face while yelling and screaming that he was going to "kick his (expletive)." He said Flemming reached into his vehicle and that's when he leaned over, grabbed his gun, turned and "pulled the trigger."

The assistant prosecutor asked: "When you pulled that trigger, you had every intention to kill that man at that moment, correct?"

He told the jury in his closing statement that Zale, 69, was "wrapped in 4,000 pounds of protection" as he sat in his 2014 Dodge Ram pickup at the red light while Flemming approached. He said Zale did not have to put his window down, but he did and within seconds, Flemming was lying dead on the ground.

"Derek Flemming died in an act of murder; not self-defense," Rose told the jury. He said there is nothing in the "law of self-defense that allows Martin Zale to quote, unquote, stand his ground, to shoot an unarmed man who walks up to his truck. Stand your ground does not allow the use of deadly force against a non-deadly aggressor. The law says that a person must retreat, and this is another aspect of self-defense, against a non-deadly aggressor.

"Stand your ground doesn't mean you get to say, 'You know, I'm rightfully first in line at this traffic light and I can shoot an unarmed man in the face that poses no reasonable threat or imminent death because he's in my space.' That's an absurd interpretation of stand your ground. There is a duty to retreat. Stand your ground only applies if you're in a place you have a rightful place to be and the person is coming at you with deadly force and there's nothing you've done to provoke or antagonize that attack," Rose told the jury.

She said no one else faced the threat that fatal day or had to make the split-second decision required of Zale in the moment that Derek Flemming tried to pull him out of his truck "and beat him."

"He did what he thought he had to do," she told the jury. "None of us had to make that split-second decision, yet we are all asked to second guess him today. ... We heard testimony from (the widow) Amy Flemming and other witnesses about Mr. Flemming's actions that don't make him look so scary, but that is not the man my client faced when he was forced to use self-defense. ...

"My client decided at that moment he was confronted by Derek Flemming that he wanted to go home alive and uninjured and he didn't want to be a victim of Derek Flemming's anger. He made a split-second decision to prevent imminent death or imminent great bodily harm to himself."